Civil Assault In General
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County as the result of a civil assault & battery? The lawyer in our Orange County office has experience with civil assault & battery actions. If you have been injured as a result of a civil assault you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
Civil Assault General Rule: Assault-one who intentionally causes an apprehension of an imminent contact upon the body of another that would be harmful or offensive, unless privileged, has committed the tort of an assault
1st Element-Desire to cause apprehension of contact or knows to a substantial certainty that it will happen
2nd Element-apprehension is concern that contact will occur unless evasive action is taken
3rd Element-Imminent Hypo: Plaintiff and defendant are walking along mountain defendant imitates rattlesnake and plaintiff jumps. Is there an assault?
Answer: Desire was that she believed there was a snake use 1st element & 2nd Element
1st Element-Intent
2nd Element-Application
*key issue w/consent is consent by the Plaintiff (customary) *consent to the apprehension not the consequences
Hypo: Old man w/cane says he’s going to beat me up & 50 ft. distance? Assault? How about 2 feet away? Assault maybe because of apprehensions.
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County? The lawyer in our Orange County office has experience with civil tort actions including personal injury law. If you have been injured or civilly wronged by someone and have sustained damages as a result you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
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